J. Appendix C

Bureau of Oceans and International Environmental and Scientific Affairs

January 2001

Report

The Case-Zablocki Act of August 22, 1972 -- 1 USC 112b

Section 112b. United States international agreements; transmission to Congress

(a) The Secretary of State shall transmit to the Congress the text of any international agreement (including the text of any oral international agreement, which agreement shall be reduced to writing), other than a treaty, to which the United States is a party as soon as practicable after such agreement has entered into force with respect to the United States but in no event later than sixty days thereafter. However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President. Any department or agency of the United States Government which enters into any international agreement on behalf of the United States shall transmit to the Department of State the text of such agreement not later than twenty days after such agreement has been signed.

(b) Not later than March 1, 1979, and at yearly intervals thereafter, the President shall, under his own signature, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report with respect to each international agreement which, during the preceding year, was transmitted to the Congress after the expiration of the 60-day period referred to in the first sentence of subsection (a), describing fully and completely the reasons for the late transmittal.

(c) Notwithstanding any other provision of law, an international agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary of State. Such consultation may encompass a class of agreements rather than a particular agreement.

(d) The Secretary of State shall determine for and within the executive branch whether an arrangement constitutes an international agreement within the meaning of this section.

(e) The President shall, through the Secretary of State, promulgate such rules and regulations as may be necessary to carry out this section.

1994 - Subsec. (a). Pub. L. 103-437 substituted ''Committee on Foreign Affairs'' for ''Committee on International Relations''. 1978 - Pub. L. 95-426 designated existing provisions as subsec. (a), inserted ''(including the text of any oral international agreement, which agreement shall be reduced to writing)'', and added subsecs. (b) to (e). 1977 - Pub. L. 95-45 substituted ''Committee on International Relations of the House of Representatives'' for ''Committee on Foreign Affairs of the House of Representatives'' and inserted requirement that any department or agency of the United States Government which enters into any international agreement on behalf of the United States transmit to the Department of State the text of such agreement not later than twenty days after the agreement has been signed.

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress.

SHORT TITLE

This section is popularly known as the Case-Zablocki Act.

ENFORCEMENT

Pub. L. 100-204, title I, Sec. 139, Dec. 22, 1987, 101 Stat. 1347, provided that: ''(a) Restriction on Use of Funds. - If any international agreement, whose text is required to be transmitted to the Congress pursuant to the first sentence of subsection (a) of section 112b of title 1, United States Code (commonly referred to as the 'Case-Zablocki Act'), is not so transmitted within the 60-day period specified in that sentence, then no funds authorized to be appropriated by this or any other Act shall be available after the end of that 60-day period to implement that agreement until the text of that agreement has been so transmitted. ''(b) Effective Date. - Subsection (a) shall take effect 60 days after the date of enactment of this Act (Dec. 22, 1987) and shall apply during fiscal years 1988 and 1989.''

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